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State v. Temple

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eBook details

  • Title: State v. Temple
  • Author : Hawaii Supreme Court
  • Release Date : January 30, 2001
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

The defendant-appellant Teddy Temple appeals from the judgment of the circuit court of the first circuit, the Honorable Marie N. Milks presiding, convicting him of and sentencing him for the offenses of sexual assault in the first degree, in violation of Hawaii Revised Statutes (HRS) § 707-730(1)(b) (1993), and sexual assault in the third degree, in violation of HRS § 707-732(1)(b) (1993). Temple argues on appeal that: (1) the circuit court violated his constitutional right to represent himself by dissuading him from proceeding without counsel; (2) the circuit court interfered with his right to a speedy trial by forcing him to delay his case until his counsel was available for trial; (3) there was no evidence that he committed an act of sexual penetration; (4) the circuit court failed to instruct the jury on all the material elements of sexual assault in the third degree; (5) the circuit court admitted irrelevant evidence of Temples flight from the complainants parents three weeks after the alleged crimes; (6) the circuit court abused its discretion in finding an extended term of imprisonment necessary for the protection of the public; and (7) the sentence of life imprisonment constituted cruel and unusual punishment under both the United States and Hawaii Constitutions.


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